Political and legal environment of multimodality - for the sea transport (CMI)

Political and legal environment of multimodality

- for the sea transport (CMI)Prof. Alexander von Ziegler

CIT / IRU Joint Conference

Political and legal environment of multimodality 5 September 2013 Page 2/21

Comité Maritime International

1 - Name and Object

The name of this organization is the "Comité Maritime International." It is a non-governmental not-for-profit international organization established in Antwerp in 1897, the object of which is to contribute by all appropriate means and activities to the unification of maritime law in all its aspects.

To this end it shall promote the establishment of national associations of maritime law and shall co-operate with other international organizations.


CMI’s View on the Harmonization of Law

1. Harmonization of International Maritime Law• International Conventions (e.g. Hague Rules 1924 / Hague Visby Rules 1968)

2. Harmonization of National Maritime Laws• Model Laws

3. Harmonization of Maritime and Commercial Practice• Uniform Rules (e.g. York Antwerp Rules on General Average)

4. Harmonization between the different Transport Laws• Approach chosen during the drafting of the Rotterdam Rules; but applied to the

extent that a harmonization was justified and where established maritime practices were not prevailing and more appropriate

5. Harmonization in the Multimodal Environment6. Harmonization in Form of a «Generic Transportation Law»

«……………….. unification of maritime law in all ist aspects …….»


CMI and Multimodality

> CMI is dedicated to the harmonisation of maritime Law

> CMI recognizes the importance and the oportunities in harmonizing the different transportation laws

> CMI recognizes the multimodal transportation needs and dynamics and furthers the development of legal principles that accomodate those commercial and logistical realities

> CMI does however not feel that it would be neither appropriate nor feasable that a Convention should be created or adhered to which attempts to cover all multimodal transportation variants, but that rather those practical variants should be accomodated, as they currently are, in the respective transportation conventions.


The basic approach when embarking on the revision of traditional / historic maritime transportation law

Background of the problem:> Situation of maritime and shipping trade in 1924> Segmentation of the Industry division by mode of transport


Special Nature of Maritime Law:

> Maritime law was lex specialis – lex maritima and has developed independent from the law on land (and later by air)

> Shipping Industry as a prominent private sector

> road small entities> rail road governments (Europe)> air national airlines



Result:> Segmentation of the law on international transport> Segmentation of the "ownership" for the legislation / harmonization of

international transport law> CMI> IMO> UNCITRAL> UNCTAD> UN ECE> ICAO> OTIF> etc.



Dealing with the Segmentation of International Legislation:

> Segmentation of the law depending on the stage of the multimodal logistical chains

> Role of the Freight Forwarder

> Role of the Shipping Documentation

> UNCTAD / ICC Rules

> International Land Transportation Instruments basically restricted to the European Continent



Segmentation of the law depending on the stage of the multimodal logistical chains

Customer(FCA BuyerCFR Seller)

Road RoadRail Road Rail RoadMaritime

CMR CMRCOTIF / CIM COTIF / CIM

HR


Role of the Shipping Documentation



CMR Consignment Note letter de

voiture CIM Bill of

Lading

letter de voiture CIM

CMR Consignment Note


Freight Forwarder as “Carrier”The NVOCC concept



FF


Door-to-Door Ocean Shipping




Multimodality under the Rotterdam Rules


Contractual Relations under the Rotterdam Rules



Shipper

Carrier


Liability Regime for the „Maritime +“ Carrierunder the Rotterdam Rules



Shipper

Carrier


Liability Regime for the „Maritime +“ Carrierunder the Rotterdam Rules > Solution tailored based on existing practise and follows the accepted and

broadly uncontreversial transaction pattern developped since since the mid-sixties.

> Existing practice established to answer great demand in door to door documentation (door – to – door B/L) and undsegmented transport contract by shippers worldwide (CFR – sellers / FCA buyers).

> Existing practice as offered by Freight Forwarders (e.g. FIATA B/L) and Liner Companies (door-to door B/Ls).

> Solution inspired by the legal framework provided by the UNCTAD / ICC Rules and the FIATA B/L

> Solution is non-intrusive on the service providers for land transport, who continue to benefit from their own and familiar regime.


Impact for the Rail Road / Road Carrierunder the Rotterdam Rules?



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Impact for the Rail Road / Road Carrierunder the Rotterdam Rules?



FF



Opportunity for the Rail Road / Road Carrierunder the Rotterdam Rules?



FF



Lessons learned from the Rotterdam Rules Unification Process?> Tailor Instrument to the commercial realities and expectations

> Build in flexibility to allow expansion towards new combined services "outside of the box“

> Respect the participating modes of transport and attempt to accommodate their needs and particularities

> Do not focus on liability regimes but on the mechanism of the shipping routine as part of a greater commercial transaction of the customers

> Harmonize where possible with solutions found by regimes of other Modes of Transport


Prof. Alexander von [email protected]

Schellenberg Wittmer Ltd / Attorneys at LawLöwenstrasse 19 P.O. Box 18768021 Zurich / SwitzerlandT +41 44 215 5252 F +41 44 215 5200

Thank you for your attention.

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Political and legal environment of multimodality - for the sea transport (CMI)